(1.) THE revision petitioner is the landlady in H.R.C.O.P. No. 105 of 1990, on the file of the Rent Controller, Pondicherry, and the petition was filed under Secs. 10(2)(ii)(b) and 10(3)(a)(iii) of the Pondicherry Buildings (Lease and Rent Control) Act, 1969.
(2.) THE petitioner's case is that the 1st respondent became a tenant under her in respect of the petition premises for running a business, under the name and style of 'Saraswathi General Stores', i.e., for non-residential purpose, on a monthly rent of Rs. 500 and the 2nd respondent is the father of the 1st respondent, who is assisting him in his business. During September 1988, the respondents have caused waste and damages to the demised premises and the petitioner had taken legal proceedings. While so, the respondents without the consent and knowledge of the petitioner used the premises for the purpose other than for which it was let out, by running a Sweet Stall under the name and style of 'Archana Sweets'. The respondents have not even informed about the change of business to the petitioner. The petitioner gave a legal notice, for which, the respondents have not given any reply. The petitioner further stated that her son S. Gopalakrishnan started a business under the name and style of 'M/s. Ponnour Agencies', who is the sole distributor for 'Sathe Biscuits and Chocolates' for Pondicherry and neither the petitioner nor her son is in possession of any non-residential premises within the Pondicherry Municipal limits to carry on the business and therefore, the petitioner bona fidely requires the petition premises for her son's business. The petitioner approached the respondents and demanded vacant possession and they have declined. Hence, the petition.
(3.) ONE Subburaman, Power Agent of the Petitioner was examined as P.W.1 and marked Exs. A-1 to A-11. The 2nd respondent was examined as R.W.1 and marked Exs. B-1 and B-2.